A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, moving the government closer to deportation of the Palestinian activist.
In a 2-1 ruling, the 3rd U.S. Circuit Court of Appeals in Philadelphia mandated the dismissal of Khalil’s habeas petition, citing that the federal district court lacked jurisdiction over the matter and that immigration challenges are subject to specific legal procedures.
The panel explained, “That scheme ensures that petitioners get just one bite at the apple—not zero or two.” However, it noted that some petitioners, including Khalil, might be forced to delay seeking relief due to these regulations.
While expressing concern for Khalil's situation, the panel affirmed that the law prohibits him from filing a habeas petition to contest his detention.
The decision represents a substantial win for the Trump administration's rigorous initiative targeting noncitizen protesters against Israel’s policies.
Khalil, an influential figure in the pro-Palestinian movement at Columbia, was arrested in March 2025 and spent three months in a Louisiana immigration facility, missing the birth of his first child.
The government accused him of engaging in activities tying him to Hamas but has yet to present concrete evidence for these claims, nor has it charged him with any criminal actions.
Deportation has been justified through a rarely utilized statute that allows the expulsion of noncitizens viewed as a threat to U.S. foreign policy. In June, a federal judge in New Jersey had deemed this justification likely unconstitutional.
Khalil's legal team maintains that they will pursue all available appeals. He has described his detention as a repercussion for advocating for free speech regarding the situation in Palestine, positioning the legal battle as a broader struggle for political expression among activists.
The ruling from the appeals court coincides with ongoing assessments by an immigration court board addressing a previous order from an immigration judge, who indicated Khalil could face deportation to Algeria or Syria, both of which pose significant risks to his safety. His attorneys warn of serious dangers awaiting him in either location, underlining the stakes involved in the case.
